DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 18-31 and 33-46 are examined.
Claims 1-17 and 32 are cancelled.
Claims 33-46 are newly added.
Response to Amendment
The amendments made to claims 18-20, 23-24, and 28-29 overcome the previous claim objections; therefore, the objections are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 34, 37, 40, 43, and 46 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 34, 37, 40, 43, and 46 recite “the twisted ribbon fuel rodlet is cladless”. However, the exclusionary limitation “cladless” is not present in the instant specification. Although the instant specification does not present “cladding”, it does not explicitly disclose not including cladding; therefore the negative limitation “cladless” is not supported.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18, 27, and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richter (GB 2126773 A) in view of Bashkirtsev (EP 2569776 B1).
Regarding claim 18, Richter discloses:
mixing a carbon source and a plurality of oxide powders to form a mixture, wherein at least one oxide powder has a composition including an oxide of a fissionable fuel component (p. 1, L -14-24 – uranium oxide-plutonium oxide-carbon mixtures);
forming the mixture into an intermediate powder (uranium oxide-plutonium oxide-carbon mixture is considered an intermediate);
subjecting the intermediate powder to carbothermal reduction (p. 1, L -14-24 – “carbo-thermal” reduction of uranium oxide-plutonium oxide-carbon mixtures);
mechanical processing the carbothermally reduced intermediate powder to form a feedstock of solid solution carbide powders containing the fissionable fuel component (p. 1, L -14-24 – oxide carbon powder mixtures are pressed to form pellets, tablets, discs, etc. under vacuum, inert gas or nitrogen).
Richter does not disclose:
forming the feedstock into a billet, wherein forming the feedstock includes the step of heated thermoplastic mixing;
extruding the billet to form an extruded ribbon; and
processing the extruded ribbon to form a twisted ribbon fuel rodlet.
Analogous art Bashkirtsev discloses fuel elements 20 manufactured via powder-metallurgy co-extrusion (¶ [0036]). The powdered refractory metal and powdered metal fuel material for fuel kernel 100 are mixed (¶ [0036]). The ceramic fuel material may comprise powdered uranium or plutonium oxide (claimed plurality of oxide powder), uranium or plutonium carbide (claimed carbon source), or a combination thereof (¶ [0038]).
Bashkirtsev further discloses a method of manufacturing a twisted ribbon fuel rodlet, the method comprising:
forming the mixture into an intermediate powder (¶ [0036] – powdered refractory metal and powdered metal fuel material for fuel kernel 100 are mixed);
forming the feedstock into a billet (¶ [0036] – powder is pressed and sintered into fuel core stock/billet, fuel core stock including 100 is inserted into a hollow cladding 120 to form a billet), wherein forming the feedstock includes the step of heated thermoplastic mixing (¶ [0036] – mold that is heated to varying extends over various time periods so as to sinter the mixture);
extruding the billet to form an extruded ribbon (¶ [0036] – billet is then co-extruded under temperature and pressure through a die set to create element 20); and
processing the extruded ribbon to form a twisted ribbon fuel rodlet (¶ [0040] – helical twist of 20).
Bashkirtsev discloses the process results in 120 being metallurgically bonded to 100, which reduces the risk of delamination of 120 from 100 (¶ [0036]) and the helical twist in combination with their orientation ensures that there exists one or more self-spacing planes (¶ [0040]).
Richter and Bashkirtsev disclose methods with the same or similar components performing the same or similar function in the field of nuclear reactor fuels/nuclear fuel assemblies using uranium oxide-plutonium oxide-carbon mixtures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the powder pressed and sintered into a billet, co-extruding billet under temperature and pressure to create a fuel element, and forming helical twist of the fuel element in Bashkirtsev to the method and oxide-carbon powder mixtures in Richter to metallurgically bond a cladding to the fuel material, which reduces the risk of delamination (¶ [0036]) and the helical twist in combination with their orientation ensures that there exists one or more self-spacing planes (¶ [0040]).
Regarding claim 27, modified Richter discloses the method of manufacturing according to claim 18.
Richter does not disclose the plurality of oxide powders include zirconium oxide nano-powder and niobium oxide.
Bashkirtsev discloses the plurality of oxide powders include zirconium oxide nano-powder and niobium oxide (¶ [0020] – 100 comprises zirconium, other refractory metals may be used (e.g. niobium, zirconium, and/or other metals).
Richter and Bashkirtsev disclose methods with the same or similar components performing the same or similar function in the field of nuclear reactor fuels/nuclear fuel assemblies using uranium oxide-plutonium oxide-carbon mixtures. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the powder comprising zirconium or/and niobium in Bashkirtsev to the method in Richter as it would have been obvious to substitute one known element for another yields predictable results. See MPEP § 2143 (I)(B).
Regarding claim 33, modified Richter discloses the method of manufacturing according to claim 18.
Modified Richter discloses wherein a shape of a cross-section of the twisted ribbon fuel rodlet perpendicular to a longitudinal axis of the twisted ribbon fuel rodlet is a rectangle (Bashkirtsev ¶ [0016] – four-lobed cross-section; FIG. 5 depicts the cross section of 20 as a generally rectangular/square shape).
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Bashkirtsev FIG. 5
Allowable Subject Matter
Claims 19-26, 28-31, 35-36, 38-39, 41-42, and 44-45 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 18-31, 35-36, 38-39, 41-42, and 44-45, Richter discloses:
mixing a carbon source and a plurality of oxide powders to form a mixture, wherein at least one oxide powder has a composition including an oxide of a fissionable fuel component (p. 1, L -14-24 – uranium oxide-plutonium oxide-carbon mixtures);
forming the mixture into an intermediate powder (uranium oxide-plutonium oxide-carbon mixture is considered an intermediate);
subjecting the intermediate powder to carbothermal reduction (p. 1, L -14-24 – “carbo-thermal” reduction of uranium oxide-plutonium oxide-carbon mixtures);
mechanical processing the carbothermally reduced intermediate powder to form a feedstock of solid solution carbide powders containing the fissionable fuel component (p. 1, L -14-24 – oxide carbon powder mixtures are pressed to form pellets, tablets, discs, etc. under vacuum, inert gas or nitrogen).
Richter does not disclose:
forming the feedstock into a billet, wherein forming the feedstock includes the step of heated thermoplastic mixing;
extruding the billet to form an extruded ribbon of feedstock; and
processing the extruded ribbon of feedstock to form a twisted ribbon fuel rodlet.
Analogous art Bashkirtsev discloses fuel elements 20 manufactured via powder-metallurgy co-extrusion (¶ [0036]). The powdered refractory metal and powdered metal fuel material for fuel kernel 100 are mixed (¶ [0036]). The ceramic fuel material may comprise powdered uranium or plutonium oxide (claimed plurality of oxide powder), uranium or plutonium carbide (claimed carbon source), or a combination thereof (¶ [0038]).
Bashkirtsev further discloses a method of manufacturing a twisted ribbon fuel rodlet, the method comprising:
forming the mixture into an intermediate powder (¶ [0036] – powdered refractory metal and powdered metal fuel material for fuel kernel 100 are mixed);
forming the feedstock into a billet (¶ [0036] – powder is pressed and sintered into fuel core stock/billet, fuel core stock including 100 is inserted into a hollow cladding 120 to form a billet), wherein forming the feedstock includes the step of heated thermoplastic mixing (¶ [0036] – mold that is heated to varying extends over various time periods so as to sinter the mixture);
extruding the billet to form an extruded ribbon of feedstock (¶ [0036] – billet is then co-extruded under temperature and pressure through a die set to create element 20); and
processing the extruded ribbon of feedstock to form a twisted ribbon fuel rodlet (¶ [0040] – helical twist of 20).
However, regarding claim 19, modified Richter does not disclose wherein the carbon source is a phenolic resin, and wherein forming the mixture into the intermediate powder includes curing the mixture to form an intermediate body, pyrolyzing the intermediate body in inert atmosphere or vacuum, and mechanically processing the pyrolyzed intermediate body into the intermediate powder.
As such, the prior art whether taken alone or in combination does not disclose nor render obvious the cumulative limitations of claim 19. Dependent claims 20-22 and 35-36 are deemed allowable due to their ultimate dependency on claim 19.
However, regarding claim 23, Richter and Bashkirtsev do not disclose the carbon source is carbon black, and wherein forming the mixture into the intermediate powder includes drying the mixture to form an intermediate body and mechanically processing the intermediate body into the intermediate powder.
As such, the prior art whether taken alone or in combination does not disclose nor render obvious the cumulative limitations of claim 23. Dependent claims 24-26 and 38-39 are deemed allowable due to their ultimate dependency on claim 23.
However, regarding claim 28, Richter and Bashkirtsev do not disclose wherein the feedstock has a composition including (UaZrbNbc)Cd, where 0.05<a<0.4, 0<b<0.95, 0<c<0.4, and 0.7<d<1.
Barringer (US 20220115152 A1) discloses fuel materials include coated uranium carbide particles or uranium carbide-zirconium carbide particles dispersed in graphite matrix coated with zirconium carbide or niobium carbide, but does not disclose (UaZrbNbc)Cd, where 0.05<a<0.4, 0<b<0.95, 0<c<0.4, and 0.7<d<1.
As such, the prior art whether taken alone or in combination does not disclose nor render obvious the cumulative limitations of claim 28. Dependent claims 41-42 are deemed allowable due to their ultimate dependency on claim 28.
Regarding claim 29, Richter and Bashkirtsev do not disclose processing the extruded ribbon to form the twisted ribbon fuel rodlet includes: contacting surfaces of the extruded ribbon in a nip of tensioning rollers of the ribbon tensioning sub-system, wherein one or both tensioning rollers are spring mounted in a direction parallel to a processing path of the extruded ribbon, and rotating a ribbon tensioning sub-system about an axis of the processing path of the extruded ribbon while maintaining tension on the extruded ribbon to impart a twist to the extruded ribbon.
Lorrette (US 20130034655 A1) discloses a tensioning device, but does not disclose in a nip of tensioning rollers of the ribbon tensioning sub-system, wherein one or both tensioning rollers are spring mounted in a direction parallel to a processing path of the extruded ribbon, and rotating a ribbon tensioning sub-system about an axis of the processing path of the extruded ribbon while maintaining tension on the extruded ribbon to impart a twist to the extruded ribbon.
As such, the prior art whether taken alone or in combination does not disclose nor render obvious the cumulative limitations of claim 29. Dependent claims 30-31 and 44-45 are deemed allowable due to their ultimate dependency on claim 29.
Response to Arguments
Applicant's arguments filed March 27, 2026 have been fully considered but they are not persuasive.
Applicant argues in Bashkirtsev that “the billet of feedstock is not extruded to form an extruded ribbon of feedstock” and is instead “co-extruded” with an outer cladding.
As written, claim 18 does not exclude co-extrusion with an outer cladding. As Bashkirtsev discloses billet is then co-extruded under temperature and pressure through a die set to create element 20 (¶ [0036]), it meets the limitation “extruding the billet to form an extruded ribbon of feedstock”.
Applicant argues obviousness in the rejections of claim 18 and 27 is not established by Richter and Bashkirtsev as they do not do not teach or suggest all of the claim limitations.
In response to applicant's argument that obviousness is not established where the prior art references do not teach or suggest all of the claim limitations, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant argues newly added claims 33 and 34 are allowable over Richter and Bashkirtsev.
The arguments are addressed in the 35 U.S.C. 103 rejection of claim 34 and the 35 U.S.C. 112 (a) rejection of claim 33.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10192644 B2 discloses a fuel assembly comprising a plurality of helically twisted fuel elements and the fuel elements comprise extruded fuel elements
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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